Section 328 Meaning of “mental disorder”I1

(1)

Subject to subsection (2) below, in this Act “mental disorder” means any—

(a)

mental illness;

(b)

personality disorder; or

(c)

learning disability,

however caused or manifested; and cognate expressions shall be construed accordingly.

(2)

A person is not mentally disordered by reason only of any of the following—

(a)

sexual orientation;

(b)

sexual deviancy;

(c)

transsexualism;

(d)

transvestism;

(e)

dependence on, or use of, alcohol or drugs;

(f)

behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person;

(g)

acting as no prudent person would act.

Annotations

I1: S. 328 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)